The Overseas Finding process is a crucial component of the Research & Development Tax Incentive (RDTI) in Australia, enabling companies to access a tax benefit for overseas activities that relate to an Australian R&D program. This guide explores the Overseas Finding process, the key conditions for eligibility, and recent ATO concerns as outlined in taxpayer alerts. We also highlight a successful case study with a cyber security innovator, Internet 2.0, to illustrate effective strategies for securing an Overseas Finding.

The R&D Tax Incentive remains Australia’s primary program for supporting businesses undertaking R&D activities with an estimated $3.2 billion annual investment. The program uses a $20 million annual turnover threshold to determine a company’s R&D tax rebate, a threshold that has been unchanged since 2011. In our view, it is time to review this arbitrary line in the sand and ensure the R&DTI aligns with other SME policies so that highly innovative medium sized businesses are incentivised to continue their R&D investment as they grow.

The end of the financial year brings with it some important considerations if you’re planning to lodge an FY24 R&D Tax Incentive claim. We’ve summarised some key things you need to be across.

In its latest R&D Tax Incentive decision (GQHC v Commissioner of Taxation [2024] AATA 409) , the Administrative Appeals Tribunal (AAT) affirmed the position that the ATO has the power to assess and determine the eligibility of R&D activities per the legislative requirements.